What is a Criminal Battery?
California Penal Code Section 242 defines Battery as follows: A battery is any willful and unlawful use of force or violence upon the person of another.
California Penal Code Section 243 provides for punishment as follows: (a) A battery is punishable by a fine not exceeding two thousand dollars ($2,000), or by imprisonment in a county jail not exceeding six months, or by both that fine and imprisonment. In addition there are varying degrees of battery related offenses depending on the circumstances surrounding the battery.
This California definition is slightly diferent than the common law definition of battery. At common law battery was the (1) unlawful application (2) of force (3) to the person of another. This touching can be in the form of any offensive contact.
Is a battery a felony or a misdemeanor? What is an aggrevated battery?
At common law Battery was defined as a general intent crime. What is a general intent crime? Does this mean I have to have the actual intent commit a criminal battery?
Defense to Battery: Justifiable Force
Self Defense: As a general rule an individual without any legal fault may use reasonably necessary force to protect themself from imminent use of unlawful force such as that defined as criminal battery. Is there a duty to retreat? What if the party defending themself escalates the level of violence? Is the force still lawful? Is self defense still a viable defense? Is deadly force ever permitted?
Defense of Others: can an individual use the defense of defense of others as a defense to a criminal battery? What issues may be legally relevant?
Defense of Property: Is the defense of property a legal defense to a criminal battery? Is deadly force ever permitted?
Defense of Dwelling: Is the defense of a dwelling a legal defense to a criminal battery? Is deadly force ever permitted?
Consent: Is consent a defense to a criminal battery? Is a party legally capable of consenting to a criminal battery? What is mutual combat?
Am I entitled to a trial by jury if I am charged with a criminal battery in the state of California? Do I have the right to an attorney to defend me if I am charged with a criminal battery? What due process of law is a criminal defendant entitled to when defending a criminal charge of assault and battery?
Our Southern California criminal attorney serves greater Orange County in communities such as Newport Beach, Santa Ana, Irvine, Westminster, Costa Mesa, Huntington Beach, and Laguna Beach and routinely appears in the local courts such as the Orange County Central Courthouse (Santa Ana Court), Newport Beach Courthouse (Harbor Justice Center), Westminster Courthouse, Fullerton Courthouse, Los Angeles Courts, North County San Diego Courthouse (Vista Court), Riverside Courts, and Long Beach Courthouse. Contact an Orange County criminal attorney in our Newport Beach office for further help with your Southern California criminal law charges.
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